PART ONE GENERAL PART
CHAPTER I COMPETENCY OF CRIMINAL LAWS
Division 3 Local Applicability
Section 7 Principle of Protection and Principle of Universality
(1) The law of the Czech Republic shall apply to assessment of criminality of Torture and other cruel and inhumane treatment (Section 149), Forgery and alteration of money (Section 233), Uttering forged and altered money (Section 235), Manufacture and possession of forgery equipment (Section 236), Unauthorised production of money (Section 237), Subversion of the Republic (Section 310), Terrorist attack (Section 311), Terror (Section 312), Sabotage (Section 314), Espionage (Section 316), Violence against public authority (Section 323), Violence against a public official (Section 325), Forgery and alteration of public documents (Section 348), Participation in organised criminal group pursuant to Section 361 (2) and (3), Genocide (Section 400),), Attack against humanity (Section 401) ,), Apartheid and discrimination against groups of people (Section 402), Preparation of offensive war (Section 406), Use of prohibited means and methods of combat (Section 411), War cruelty (Section 412) ,), Persecution of population (Section 413), Pillage in the area of military operations (Section 414), Abuse of internationally and state recognised symbols (Section 415) , ), Abuse of flag and armistice (Section 416) and Harming a conciliator (Section 417), even when such a criminal offence was committed abroad by a foreign national or a person with no nationality, who has not been granted permanent residence in the territory of the Czech Republic.
(2) The law of the Czech Republic shall also apply to assessment of criminality of an act committed abroad against a Czech national or a person without a nationality, who has been granted permanent residence in the territory of the Czech Republic, if the act is criminal in the place of its commission, or if the place of its commission is not subject to any criminal jurisdiction. .
PART TWO SPECIAL PART
CHAPTER II CRIMINAL OFFENCES AGAINST FREEDOM, PERSONAL AND PRIVACY RIGHTS AND CONFIDENTIALITY OF CORRESPONDENCE
Division 1 Criminal Offences against Freedom
Section 170 Illegal Confinement
(1) Whoever without authorisation imprisons or otherwise confines another person, shall be sentenced to imprisonment for two to eight years .
(2) An offender shall be sentenced to imprisonment for five to twelve years , if he/she
a) commits the act referred to in Sub-section (1) as a member of an organised group,
b) commits such an act on another for his/her true or presupposed race, belonging to an
ethnical group, nationality, political beliefs, religion or because of his/her true or
presupposed lack of religious faith,
c) causes physical or mental suffering by such an act,
d) causes grievous bodily harm by such an act, or
e) commits such an act with the intention to gain substantial profit for him-/herself or for
another.
(3) An offender shall be sentenced to imprisonment for eight to sixteen years , if he/she
a) causes death by the act referred to in Sub-section (1) , or
b) commits such an act with the intention to gain extensive profit for him-/herself or for
another.
(4) Preparation is criminal.
PART TWO SPECIAL PART
CHAPTER II CRIMINAL OFFENCES AGAINST FREEDOM, PERSONAL AND PRIVACY RIGHTS AND CONFIDENTIALITY OF CORRESPONDENCE
Division 1 Criminal Offences against Freedom
Section 171 Illegal Restraint
(1) Whoever restrains another from enjoying personal freedom, shall be sentenced to imprisonment for up to two years.
(2) An offender shall be sentenced to imprisonment for up to three years , if he/she commits the act referred to in Sub-section (1) with the intent to facilitate another criminal offence.
(3) An offender shall be sentenced to imprisonment for two to eight years, if he/she
a) commits the act referred to in Sub-section (1) as a member of an organised group
b) commits such an act on another for his/her true or presupposed race, belonging to an
ethnical group, nationality, political beliefs, religion or because of his/her true or
presupposed lack of religious faith,
c) causes physical or mental suffering by such an act,
d) causes grievous bodily harm by such an act, or
e) commits such an act with the intention to gain substantial profit for him-/herself or for
another.
(4) An offender shall be sentenced to imprisonment for three to ten years if he/she
a) causes death by the act referred to in Sub-section (1), or
b) commits such an act with the intent to gain extensive profit for him-/herself or for
another.
PART TWO SPECIAL PART
CHAPTER XIII CRIMINAL OFFENDES AGAINST HUMANITY, PEACE AND WAR CRIMES
Division 1 Criminal Offences Against Humanity
Section 401 Attack against Humanity
(1) Whoever commits within an extensive and systematic attack aimed against civilians
a) extermination of people,
b) enslavement,
c) deportation or forced transfer of a group of civilians ,
d) rape , sexual slavery , forced prostitution , forced pregnancy , forced sterilisation or other
forms of sexual violence ,
e) persecution of a group of civilians on political, race, national, ethnic, cultural or
religious grounds, on sex or another similar grounds,
f) apartheid or another similar segregation or discrimination,
g) illegal restraint, kidnapping to an unknown location or any other restriction of
personal freedom with following involuntary disappearance of persons,
h) torture,
i) murder, or
j) another inhumane act of similar nature,
shall be sentenced to imprisonment for twelve to twenty years or to an exceptional sentence of imprisonment .
(2) Preparation is criminal.
PART TWO SPECIAL PART
CHAPTER XIII CRIMINAL OFFENDES AGAINST HUMANITY, PEACE AND WAR CRIMES
Section 413 Persecution of Population
(1) Whoever is responsible for apartheid during a war or another armed conflict or commits other inhumane acts resulting from racial, ethnic, national, religious, class or similar discrimination, or terrorises the civilian population with violence or threat of its use, shall be sentenced to imprisonment for five to fifteen years.
(2) The same sentence shall be imposed to anyone who during a war or another armed conflict
a) destroys or seriously disrupts supply of basic living needs of the civilian population in
the occupied territory or the contact zone, or wilfully fails to provide necessary
assistance to the population for their survival,
b) unjustifiably delays the return of the civilian population or prisoners of war,
c) unjustifiably relocates or deports the civilian population from the occupied territory,
d) settles the occupied territory with a population from his/her own state,
e) drafts children for service with weapons, or
f) wilfully makes it impossible for the civilian population or prisoners of war to be
judged on their offence by an impartial court trial.
(3) An offender shall be sentenced to imprisonment for ten to twenty years or to an exceptional sentence of imprisonment, if he/she causes by the act referred to in Sub-section (1) or (2)
a) grievous bodily harm, oror b) death.
(4) Preparation is criminal.
PART ONE
GENERAL PART
CHAPTER I
COMPETENCY OF CRIMINAL LAWS
Division 3
Local Applicability
Section 7 Principle of Protection and Principle of Universality
(1) The law of the Czech Republic shall apply to assessment of criminality of Torture and other cruel and inhumane treatment (Section 149), Forgery and alteration of money (Section 233), Uttering forged and altered money (Section 235), Manufacture and possession of forgery equipment (Section 236), Unauthorised production of money (Section 237), Subversion of the Republic (Section 310), Terrorist attack (Section 311), Terror (Section 312), Sabotage (Section 314), Espionage (Section 316), Violence against public authority (Section 323), Violence against a public official (Section 325), Forgery and alteration of public documents (Section 348), Participation in organised criminal group pursuant to Section 361 (2) and (3), Genocide (Section 400), Attack against humanity (Section 401), Apartheid and discrimination against groups of people (Section 402), Preparation of offensive war (Section 406), Use of prohibited means and methods of combat (Section 411), War cruelty (Section 412), Persecution of population (Section 413), Pillage in the area of military operations (Section 414), Abuse of internationally and state recognised symbols (Section 415), Abuse of flag and armistice (Section 416) and Harming a conciliator (Section 417), even when such a criminal offence was committed abroad by a foreign national or a person with no nationality, who has not been granted permanent residence in the territory of the Czech Republic.
PART TWO
SPECIAL PART
CHAPTER I
CRIMES AGAINST LIFE AND HEALTH
Division 1
Criminal Offences against Life
Section 140 Murder
(3) An offender shall be sentenced to imprisonment for fifteen to twenty years or to an exceptional sentence of imprisonment, if he/she commits the act referred to in Sub-section (1) or (2)
g) on another person for their true or presupposed race, belonging to an ethnical group, nationality, political beliefs, religion or because of his/her true or presupposed lack of religious faith,
PART TWO
SPECIAL PART
CHAPTER I
CRIMES AGAINST LIFE AND HEALTH
Division 2
Criminal Offences against Health
Section 145 Grievous Bodily Harm
(2) An offender shall be sentenced to imprisonment for five to twelve years if he/she commits act referred to in Sub-section (1)
f) on another person for their true or presupposed race, belonging to an ethnical group,
nationality, political beliefs, religion or because of his/her true or presupposed lack of
religious faith,
PART TWO
SPECIAL PART
CHAPTER I
CRIMES AGAINST LIFE AND HEALTH
Division 2
Criminal Offences against Health
Section 146 Bodily Harm
(2) An offender shall be sentenced to imprisonment for one year to five years, if he/she commits the act referred to in Sub-section (1)
e) on another person for their true or presupposed race, belonging to an ethnical group, nationality, political beliefs, religion or because of his/her true or presupposed lack of religious faith.
PART TWO
SPECIAL PART
CHAPTER I
CRIMES AGAINST LIFE AND HEALTH
Division 3
Criminal Offences Endangering Life or Health
Section 149 Torture and other Cruel and Inhumane Treatment
(2) An offender shall be sentenced to imprisonment for two to eight years, if he/she
c) commits such an act on another person for their true or presupposed race, belonging to an ethnical group, nationality, political beliefs, religion or because of his/her true or presupposed lack of religious faith. commits such act with at least two other persons, or
PART TWO
SPECIAL PART
CHAPTER II
CRIMINAL OFFENCES AGAINST FREEDOM, PERSONAL AND PRIVACY RIGHTS AND CONFIDENTIALITY OF CORRESPONDENCE
Division 1
Criminal Offences against Freedom
Section 170 Illegal Confinement
(2) An offender shall be sentenced to imprisonment for five to twelve years, if he/she
b) commits such an act on another for his/her true or presupposed race, belonging to an ethnical group, nationality, political beliefs, religion or because of his/her true or presupposed lack of religious faith,
PART TWO
SPECIAL PART
CHAPTER II
CRIMINAL OFFENCES AGAINST FREEDOM, PERSONAL AND PRIVACY RIGHTS AND CONFIDENTIALITY OF CORRESPONDENCE
Division 1
Criminal Offences against Freedom
Section 171 Illegal Restraint
(3) An offender shall be sentenced to imprisonment for two to eight years, if he/she
b) commits such an act on another for his/her true or presupposed race, belonging to an ethnical group, nationality, political beliefs, religion or because of his/her true or presupposed lack of religious faith,
PART TWO
SPECIAL PART
CHAPTER II
CRIMINAL OFFENCES AGAINST FREEDOM, PERSONAL AND PRIVACY RIGHTS AND CONFIDENTIALITY OF CORRESPONDENCE
Division 1
Criminal Offences against Freedom
Section 172 Abduction
(3) An offender shall be sentenced to imprisonment for five to twelve years, if he/she
b) commits such an act on another for his/her true or presupposed race, belonging to an ethnical group, nationality, political beliefs, religion or because of his/her true or presupposed lack of religious faith,
PART TWO
SPECIAL PART
CHAPTER X
CRIMINAL OFFENCES AGAINST ORDER IN PUBLIC MATTERS
Division 5
Criminal Acts Disturbing Cohabitation of People
Section 352 Violence Against Group of People and Individuals
(1) Whoever threatens a group of people with death, bodily harm or causing extensive damage, shall be sentenced to imprisonment for up to one year.
(2) Whoever uses violence against a group of people or against an individual or threatens them with death, bodily harm or causing extensive damage for their true or presupposed race, belonging to an ethnic group, nationality, political or religious beliefs or because they are truly or supposedly without religion, shall be sentenced to imprisonment for six months to three years.
(3) The same sentence as in Sub-section (2) shall be imposed to anyone who
a) conspires or assembles for the purpose of committing such an act, or
b) commits the act referred to in Sub-section (1) by press, film, radio, television,
publically accessible computer network or in another similarly effective manner.
PART TWO
SPECIAL PART
CHAPTER X
CRIMINAL OFFENCES AGAINST ORDER IN PUBLIC MATTERS
Division 5
Criminal Acts Disturbing Cohabitation of People
Section 356 Instigation of Hatred towards a Group of People or of Suppression their Rights and Freedoms
(1) Whoever publically instigates hatred towards any nation, race, ethnic group, religion, class or another group of people or instigates suppression of rights and freedoms of their members, shall be sentenced to imprisonment for up to two years.
(2) The same sentence shall be imposed to anyone who conspires or assembles to commit the act referred to in Sub-section (1).
(3) An offender shall be sentenced to imprisonment for six months to three years, if he/she
a) commits the act referred to in Sub-section (1) by press, film, radio, television, publically accessible computer network or in another similarly effective way, or
b) actively participates in activities of a group, organisation or association that promotes discrimination, violence or race, ethnical, class, religious or other hatred by such an
act.
PART TWO
SPECIAL PART
CHAPTER X
CRIMINAL OFFENCES AGAINST ORDER IN PUBLIC MATTERS
Division 8
Other Forms of Criminal Cooperation
Section 366 Favouritism
(2) Whoever commits the act referred to in Sub-section (1) in the favour of a close person shall not be criminally liable, unless he/she did so with the intention to
(a) assist a person who committed a criminal offence of Treason (Section 309), Subversion of the Republic (Section 310), Terrorist attack (Section 311), Terror (Section 312), Genocide (Section 400), Attacks against humanity (Section 401), Apartheid and discrimination against a group of people (Section 402), Preparation for aggressive war (Section 406), Use of forbidden means and methods of combat (Section 411), War cruelty (Section 412), Persecution of population (Section 413), Pillage in the area of military operations (Section 414) or Abuse of internationally and state recognised symbols (Section 415), or
(b)obtain material profit for him-/herself or for another.
PART TWO
SPECIAL PART
CHAPTER XIII
CRIMINAL OFFENCES AGAINST HUMANITY, PEACE AND WAR CRIMES
Division 1
Criminal Offences Against Humanity
Section 403 Establishment, Support and Promotion of Movements Aimed at Suppression of Human Rights and Freedoms
(1) Whoever establishes, promotes or supports movements that is provably aimed at suppression of human rights or that proclaims racial, ethnic, national, and religious or class hatred or hatred against another group of people, shall be sentenced to imprisonment for one year to five years.
(2) An offender shall be sentenced to imprisonment for three to ten years, if he/she
a) commits the act referred to in Sub-section (1) by press, film, radio, television, publically accessible computer network or in another similarly effective way,
b) commits such an act as a member of an organised group,
c) commits such an act as a soldier, or
d) commits such an act during a state on national peril or a state of war.
(3) Preparation is criminal
1. For the purpose of this Statute, ‘crime against humanity’ means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;
2. For the purpose of paragraph 1:
(g) ‘Persecution’ means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;